pro bono gavelHere is a challenge I offer to you today: Share a law-related item via social media or email.

Whoa, pretty easy, right? I bet you thought I was going to ask for some major heavy lifting. Instead, it is a simple click, share, send, done.

The item is connected to a topic I covered before: a State Bar of Arizona Law Day event that will offer free legal information to those who need it.

Really, truly, honestly free. The information will be provided by generous Arizona attorneys who know that the gap between legal services and people who need them is too, too wide. Those volunteers are offering their time pro bono to help shrink the gap just a bit.

All of the pertinent details are here. If you share nothing else, send this link to anyone you know who may be able to use it. As the State Bar says:

“The 2013 Law Day Legal Aid Clinics will serve as a free legal resource where members of communities from across the Valley and Tucson can attend information sessions on a variety of legal topics.”

“The information sessions will be conducted by volunteer lawyers and will last 90 minutes. Lawyers will provide guests with a presentation on a specific legal topic, as well as reserve time for a question and answer period. Guests can participate in one or more sessions at one of the five partner locations.”

Are you connected via social media or email to any groups that could benefit? Send it their way. Post it on your Facebook timeline. Share it on your neighborhood association listserv. Ask your firm administrator to post it prominently.

Your sharing news of Saturday’s event can help guarantee its success. Possible attendees have to be informed about the locations, the topics, the opportunity on offer. Success of the event, as measured by attendance and questions answered, will help ensure that it can be done—again and again.

For at least a part of the morning, I will be at the event staged at Phoenix’s Burton Barr Central Library. I want to hear some of the information offered, and I want to thank the lawyers who are offering it—and their Saturday.

I hope to see you and your friends there. And if you missed that link, here it is again.

Earth Day Phoenix 2013Here’s an easy and non-challenging way to get back into a new week: Think about celebrating Earth Day.

I’ve written about this event before, more than once, and luckily there are a few items that you can still add to your busy, Earth-loving schedule. (Sorry, Tucson; your city’s events largely occurred on Sunday the 21st.)

First, if you have the time, stop by the City of Phoenix’s festivities, beginning at 11 a.m. today. Organizers promise: “You’ll learn about recycling and sustainability, take home useful giveaways and share your enthusiasm with thousands of environmentally minded attendees.”

More information is here.

ASU School of Sustainability logoIf you’d prefer a more scholarly approach to the day, head over to ASU’s School of Sustainability, where a speaker asks (and answers, I suppose) the question, “Who is responsible for climate change?”

The 4 p.m. lecture will be delivered by Naomi Oreskes, a UC-San Diego professor.

Bidder 70 movie posterFinally, if the visual is more your cup of tea, then a movie on Monday evening may be just the ticket.

“Bidder 70” is a documentary about a young man (and former ASU student) who, “in an act of civil disobedience, derailed the outgoing Bush administration’s Bureau of Land Management oil and gas auction. As bidder number 70, [Tim] DeChristopher bid $1.8 million and won 22,000 pristine acres surrounding Utah’s national parks. He had no intention to pay or drill.”

DeChristopher incurred the wrath of the federal government, which charged him with two felonies that could lead to a 10-year prison sentence.

The movie screening is free, but RSVP here.

All of the School of Sustainability’s activities and events are listed here.

Happy Earth Day.

The Pioneer Hotel burns in downtown Tucson, December 1970.

The Pioneer Hotel burned in downtown Tucson, December 1970.

[Note: A previous version of this story indicated that the Pima County Attorney's Office is housed in the structure that formerly was the site of the Pioneer Hotel. We were misinformed; the PCAO is across the steet from that site. We apologize for the error.] 

Last evening, the TV news magazine 60 Minutes screened a compelling news story about the Hotel Pioneer fire case, from 1970.

The Tucson fire killed 28 guests, and 16-year-old Louis Taylor was arrested before the fire was extinguished. The black teenager was convicted by an all-white jury.

The news program (screen shots below) was peppered with commentary by Taylor’s Arizona lawyer, Ed Novak, a Polsinelli partner (and former President of the State Bar of Arizona). As the story says, Novak “is now leading Louis Taylor’s defense team, which is made up of volunteer lawyers, students and law professors from the Arizona Justice Project.” That team has sought a new trial for Taylor.

Novak and the team reviewed all the evidence, and conducted depositions of individuals such as the original fire investigator, Cy Holmes. That work was followed by recent findings that the cause of the fire was undetermined; that meant arson was just one of a number of possibilities.

“The last time I checked,” Novak said, “we don’t convict people on a ‘possibility.’”

In the story, Steve Kroft reported that 60 Minutes had sought an interview with Pima County Attorney Barbara LaWall, to no avail. So Steve approached her on a Tucson street. That interview is captured in the broadcast.

But, as the story indicated, a new trial will likely never occur. Taylor has accepted a deal that gave him release from prison—where he has spent two-thirds of his life—but through which he must declare no contest to the charges.

You should read the script, and view the story, here.

Later this week, Taylor’s lawyers will have a press conference on the case’s outcome. I’ll report their statements.

Here are some screen shots from the 60 Minutes program:

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Rehnquist Center banner logoSo far, my overscheduled Tuesday looks like it won’t accommodate a trip south to Tucson. And that’s really too bad. (Well, that’s too bad most any day, but it’s especially the case on February 26.)

The reason I’d like to drop by the University of Arizona Law School is to attend an oral argument—before the Court of Appeals for the Armed Forces, of all legal bodies.

Here is how the Court describes itself and its civilian judges:

“The United States Court of Appeals for the Armed Forces exercises worldwide appellate jurisdiction over members of the armed forces on active duty and other persons subject to the Uniform Code of Military Justice. The Court is composed of five civilian judges appointed for 15-year terms by the President with the advice and consent of the Senate.”

Court of Appeals for the Armed Forces sealThe Rehnquist Center at the law school has announced the morning event, during which law students will have the opportunity to argue; those same students have already filed an amicus brief in the case.

The Center says that the Court has never traveled to Tucson. But if that’s not enough of a draw, here are the case facts:

“GCM conviction of possession of child pornography, larceny of military property and filing a false claim. Granted issues question (1) whether the military judge abused his discretion when he failed to suppress evidence of child pornography discovered on Appellant’s personal computer in the course of an unreasonable search conducted to find contraband after Appellant was wounded in Iraq and medically evacuated to the United States; and (2) whether the Army Court erred in creating a new exception to the Fourth Amendment when it held that the Government’s search of Appellant’s personal computer was reasonable because the Government was not ‘certain’ or ‘absolutely clear’ that it would be returned to the wounded-warrior Appellant.”

From where I sit, that is a fascinating Fourth Amendment question. (Although didn’t the U.S. Supreme Court this past Term examine a question related to privacy rights on a school computer that could possibly be returned to the employer? What case was that? Anyone?) (Recently, Canada’s Supreme Court took the view that folks do have some measure of privacy, even on their work-issued computer. O Canada.)

More information about the Tuesday morning arguments is here. Included among the detail are the argument briefs (in PDF).

Isabel Allende

Isabel Allende

Yesterday was an arts post, today’s another, and tomorrow is art of a different kind (tune in to see!). Happy artistic week!

To open today’s arts-related post, I offer … Isabel Allende.

That’s right, the great Chilean American writer who is known for The House of the Spirits and other great books. Just as I was thinking about the commitment it takes for lawyers to “fit in” art alongside their law practice (and then to submit to the Arizona Attorney Creative Arts Competition), I came across some commentary about Allende.

“On January 8, 1981, Isabel Allende wrote a letter to her dying grandfather that later turned into her first novel, The House of the Spirits. Ever since, this has been the date on which Allende starts a new work. Having started, she writes from Monday through Saturday, from 9:00 A.M. to 7:00 P.M. We wish her happy writing and hope to profit by her industrious example.”

That amazing vignette appeared on the Facebook timeline of The Paris Review.

9 to 7, writing straight through? That blew me away, and called into question my own definition of a “busy writing day.”

Mesch Clark & Rothschild logoRight on the talented heels of Ms. Allende, I received word about another arts event next week, this one arising out of the Tucson law firm Mesch, Clark & Rothschild PC.

Here is how they describe their “Artistry of Assemblage” Exhibit:

Mesch, Clark & Rothschild, P.C. is partnering with Contemporary Artists of Southern Arizona to host over 20 artists in a juried exhibit titled ‘Artistry of Assemblage’ opening January 16, 2013.”

“Dotted Still Life” by Deanna Thibault

“Dotted Still Life” by Deanna Thibault

“The Contemporary Artists of Southern Arizona is a group of about 130 mixed media artists who meet regularly to expand their knowledge of art in general and mixed media forms in particular. They exhibit together regularly with about four juried shows a year. The exhibit’s juror has selected five award winners, including: Best of Show; 1st, 2nd and 3rd Place, and Honorable Mention, to be presented at the start of the show.”

“‘Assemblage is a multi-dimensional visual art form, dating back to the early 1900s, and is created by putting together random objects,’ said Marti White, president of Contemporary Artists of Southern Arizona and one of the exhibiting artists. ‘This is an entirely new approach for our organization, and it is exciting to see what the member artists come up with.’ For more information on Contemporary Artists of Southern Arizona, visit www.casaaz.org.”

“The exhibit, at the law firm’s downtown office at 259 N. Meyer Avenue, will be on display through April. Anyone interested in viewing the exhibit, may call 520-624-8886 to schedule an appointment.”

In this post, I’ve included the beautiful work of two of the members of Contemporary Artists of Southern Arizona: Deanna Thibault and Marti White. And I tip my hat to a law firm that opens its doors and its hearts to artists. What other lawyer–artist connections have you seen?

“Basket Fragments” by Marti White

“Basket Fragments” by Marti White

Judge Alex Kozinski

On February 21, Ninth Circuit Chief Judge Alex Kozinski visited Arizona at the invitation of two law groups.

Juan Rocha, an Assistant Federal Public Defender on behalf of Los Abogados Hispanic Bar Association, invited the Chief. (Recently Juan was published in Arizona Attorney Magazine on the topic of immigration and Operation Streamline. I wrote about it here. You can read Juan’s article here.)

Another organizing sponsor was the Arizona Minority Bar Association.

We’ll have a news story about the event in the April issue of Arizona Attorney Magazine.

More photos are available at the magazine’s Facebook page.

Judge Alex Kozinski

Next Tuesday, the Chief Judge of the Ninth Circuit U.S. Court of Appeals, Alex Kozinski, will speak with members of the legal community when he visits Tucson. His stop is being hosted by Los Abogados, the state’s Hispanic bar association.

The event will be from noon to 1:30 p.m. on Tuesday, February 21, in the Jury Assembly Room of the Evo A. DeConcini United States Courthouse. The address is 405 W. Congress, Tucson 85701.

Years ago, I had the opportunity to interview the then-Ninth Circuit Chief Judge, Arizona’s own Mary Schroeder. The judge in that position always is able to provide insights from one of the nation’s most influential circuits, and I expect Tuesday’s event will be the same.

Admission to the Judge Kozinski event is free, but seats may go fast. I hope to see you there. (Click on the flier below for more detail.)

U.S. Rep. Gabrielle Giffords

This Sunday, January 8, Arizonans and many others around the country will recall a horrific shooting that killed six people and injured 13.

Though deaths by loaded weapon are relatively commonplace in this country, certain factors ensured that the Tucson shooting would ring in our memories far longer than the sound of the shots did. Among those felled were U.S. Rep. Gabrielle Giffords and U.S. District Court Judge John Roll. Giffords survived; Roll died.

I wrote about the event a few times in 2011, the first time just two days after the shooting:

“The lives of judges and Congress-folk are no more important than the lives of anyone else—not a jot. But a person of my age was raised on a nutritious diet of study—of history, of federalism, of the U.S. Constitution. We learned—and many of us still feel—that our government is OUR government.

“So when a criminal attacks a judge and a member of Congress, he takes arms against all of us. When he ratchets up political dissent to transform it into a chambered round, and then sends his rebellion hurtling out the end of a gun barrel, he aims it at every American citizen.”

(The complete post is here.)

Chief Judge John M. Roll

Since then, I’ve written about Giffords, the shooting, and the coverage of guns in the state more times than I would have guessed I ever would have.

This week, a PBS program shares some stories from survivors and aims to heal some of the wounds that have been made. Read more about it here.

Meanwhile, efforts at civil discourse continue. Another recent one featured former U.S. Supreme Court Associate Justice Sandra Day O’Connor.

Have a good and thoughtful weekend.

Even before I lived in Arizona, I was told by many of the state’s boosters that Arizona was a “test-market” region. Apparently, because of the variety of people and the diversity of their origins, companies liked to share their evolving products with our residents to see what we thought. As Arizona went, so went the nation—at least in regard to New Coke.

If we were considered a model for the nation in commerce, we should not be surprised to see that other of our qualities have caused a national stir.

Today launches the national effort called Ethnic Studies Week. Though its recognition will occur in cities and towns across the United States, it got at least part of its genesis right here. As the organizers describe it:

“The first Ethnic Studies Week October 1-7, 2010 was inspired by opposition to the May 11 2010 passage of HB 2281 in Arizona banning ethnic studies in the AZ public schools and the May 21 2010 passage of new social studies standards by the influential Texas State Board of Education. It was initiated by 225 educators, endorsed by educational and activist organizations around the country, and open to all who wanted to participate, as hundreds did in individual K-12 and college classrooms, where students, listened to speakers, watched films and paused to reflect on the importance of ethnic studies. Public events occurred in dozens of venues … .”

Odd, in a way, that businesses choose to focus-group their products here due to diverse origins, but a national movement was launched due to a conflict over whether that very thing was even admirable. But ethnic studies has become a rallying cry for opposing camps. Of interest to me, it also had a “legal” beginning, and the resolution is likely to end with a court’s opinion.

Eddy Zheng

Locally, if you’re Ethnic Studies-curious, I came across a few events at which you might listen, learn and maybe vent your own spleen, depending on your viewpoint. One event is this afternoon, and the second is on Thursday.  They are listed through ASU’s School of Social Transformation:

Monday, October 3
“Be the Change Within,” a talk by Eddy Zheng
3:30 – 5 p.m.
West Hall 135, ASU’s Tempe campus
Activist, community organizer and former prisoner Eddy Zheng will speak about his experiences and perspectives concerning youth, education, immigration and the prison industrial complex, as well as coming into political consciousness while reading ethnic studies texts behind bars.

Thursday, October 6
“A World We Were Never Meant to Survive: Education, Repression and Resistance in Tucson,” a Teach-in/Panel Discussion
6 -8 p.m.
West Hall 135, ASU’s Tempe campus
What is the status of the fight over Mexican American studies curriculum in the Tucson Unified School District in the wake of HR 2281? How might it affect us here in Tempe/Phoenix and why should it concern us? Join Tucson teachers and students, activists and professors from the University of Arizona for a special teach-in and panel discussion.

Complete details are here.

Richard Grand

Last Friday, I reported that I would be headed south—to Tucson—to celebrate an important anniversary.

The event was a luncheon celebrating 10 years of the Richard Grand Writing Competition, held at the University of Arizona James E. Rogers College of Law.

Besides a terrific lunch, attendees enjoyed remarks by Dean Lawrence Ponoroff—who had them laughing in their soup. And then Richard Grand himself delivered his own thoughts, through the power of video. It is one thing to hear from Richard via telephone or e-mail. But to see and hear Richard as generations of jurors have seen him—and been persuaded by him—was a real treat.

After all that, the five winning law students were announced by Professor Suzanne Rabe. They were: Andrew Floyd (1L), Eric Gans (3L), Benjamin Harville (2L), Megan McLean (1L) and James Mieding (1L).

Among the day’s many highlights was the opportunity to see firsthand some of the school’s Richard-abilia. In the library, there are a variety of glass cases housing items evocative of the school’s history. All the cases are important, but there may be none as vibrant as the one dedicated to Richard and his law practice.

Dean Lawrence Ponoroff

It includes clippings from news stories, photographs, and even replicas of exhibits he used in personal injury cases. And it is anchored by his pinpoint jacket and briefcase, both wielded daily by Richard in trials for his clients.

Below, there are a few photos from the case, and of the luncheon.

Finally, I delivered my keynote address, a great honor. They are extremely polite down in the old Pueblo, so no one snored or threw brickbats as I spoke. So in my world, I take that as great praise!

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Here are my complete remarks:

Remarks at Richard Grand Writing Competition Luncheon, UA Law School, Jan. 21, 2011

On Words and Other Tools

Congratulations again to all of you. I have been a judge in this competition for quite a few years now, and as I have told Suzanne many times, it is one of my favorite events of the year. Thank you for your great writing and great thinking, and thank you to Suzanne for her leadership and willingness to include a crotchety old lawyer-editor on her judging panel. It’s been an honor.

This has been a wonderful event, not least of which being due to Richard’s great video. I now empathize with what a trial lawyer must go through when he stands to give his own meager closing argument after Richard has brilliantly chaperoned a jury down the path of justice in his own closing.

Note to self: Never follow animals, children or Richard Grand.

The title of my remarks today is “On Words and Other Tools.” And in case I needed another example of how faulty communication can be, I was reviewing some handwritten notes I had taken myself as I spoke on the phone last month with the Law School’s Nancy Stanley. And I was surprised—and a little intrigued—that I had penned the words, “Also invited to the luncheon are previous sinners.”

Of course, I meant to write winners, but what happens in Tucson stays in Tucson.

Today I’ll talk a little about words, but a lot more about Richard.

My impressions of Richard are formed almost entirely through words—and I will tell you why in a few moments. But I have to comment first on his video tour de force, which is all Richard, from beginning to end.

First, as it opens, we viewers are baffled and intrigued as he starts speaking. It takes a brave man to begin a peroration with “We must do the bitter bookkeeping of death.”

Our bafflement grows as he speaks to us and a larger audience about important matters. And it is not until he reaches the four-minute mark that Richard, ever the showman, lowers the veil just a bit to address us, as audience. Until that moment, we have been witness to a litany of some of Richard’s most effective sentences uttered over decades of law practice.

So the first gift he has provided us today is the opportunity to see him as juries have seen him for years: very brave, a bit puzzling, mildly exasperating, extremely engaging.

That gift of words sends a signal: “You viewers are intelligent and worthy of my highest attention,” Richard conveys. “You have the smarts to figure this out. But I am not handing it to you on a silver platter.”

Richard is enigmatic, maddening and generous — much like law school itself.

I wish I could have gone to the Richard Grand Law School. Unfortunately, he doesn’t enroll students at his school of experience. But he does tender all of us a legal education.

A number of years ago, I heard someone very smart say that it is a pleasure to see the lights go on in law students’ eyes. Since then, I have used that line myself probably a dozen times over the years, in various contexts. But it’s time to come clean. The original speaker was your own former dean, Toni Massaro. Now that I’m standing in her house, I had better credit her.

That line reminded me that Richard Grand likes to help turn on those lights, too. But his approach to legal education is less Socratic, and more autodidactic. He’s a believer in the notion that the student who stumbles about a bit in his or her own darkness will be more likely to find the light switch. And Richard has no need for the student who demands a Clapper.

Richard calls himself a “merchant of words,” and that is a worthy avocation to which we all should aspire.

In the video, when Richard finally completes his juror conversation and speaks directly to us, what does he open with?

“I have been in love with words during my entire life. And you, if you want to become lawyers, must learn to love words.”

As a lawyer and a writer, I say, Right on, Richard. You are a lawyer and law school all in one.

This past month, I thought a lot about the writing process—which can be both a blessing and a curse.

I recalled teaching writing to college freshmen, many of whom were convinced that such a skill would provide no discernible return on investment. One student, in particular, appeared to take it as a personal challenge to disembowel the English language. I will never forget his thesis statement in an argument paper on a great work by Edgar Allen Poe: “The Fall of the House of Usher is about a big house that falls in a lake.” I think about Andy occasionally, and hope he never became a lawyer. And if you see Aristotle, please apologize to him for my failed efforts.

But simple need not be simplistic. You may recall Ernest Hemingway’s response to a challenge that said he could never write a good story in six words. And yet he wrote: “For sale: Baby shoes. Never Used.” He called it his best work.

Richard Grand, too, is the master of evocative simplicity, as we saw in his video. In every one of our 15-minute conversations he and I have had over the years, he provides me the unique and sometimes startling experience of re-creating three years of law school. In turns, I am stunned, mortified, edified and delighted. At the end, I am always far richer, and not a penny poorer (which is how I know that it’s not really law school).

Now, I am not a speaker who will wax poetic about the glories of law school. I leave the rapture to others. My experience was that it was difficult—probably more difficult than I expected. I found that it could be obtuse and nonsensical, and that its pendulum swung maddeningly between expecting too little of us students, and far too much.

But law school gave me—and I hope you too—something important. It gives us what Chaucer called tyme and space—time and space—both of which are necessary ingredients for us to examine the world anew. In that endeavor, we use foreign tools and weak muscles. Those three years, as frustrating as they can be, are a sheltering sky. At the time, we believe it to be an impending hurricane, but truly, it is a small clearing on a deserted beach, where we carve new tools for ourselves. Sure, it can be a little Survivor and a lot Lord of the Flies, but the tools that we use—including the words we became familiar with—are to stay with us for the rest of what we hope will be fulfilling careers of service.

That may be what Richard offers all of us. He holds his hand out, and it contains no Mai Tais on that beach. His secrets to success will not shield you from the scorching sun of what can be a very difficult profession. But his words, when ruminated on, offer a path to something even better. They may even lead us to that light switch.    

What can I say that I know for sure about Richard Grand? In a way, I know very little. He avoids events like this like the plague, and prefers to remain outside the limelight. Of course, with Richard, he is never entirely beyond that light. We always detect in the shadows his pinpoint suit, his smile, and his strongly felt judgment masquerading as genial opinion.

Elsewhere, he often may be. Absent, he never is. As someone once said to me, Richard hovers among us and among everyone who loves words, ready to offer insight like a deus ex machina. The machina may be writing competitions like this, or it may be YouTube. But he is in service to us all.

Of all the tools Richard offers, we are most of all always and everywhere in the presence of his words. Let me tell you how present.

When Nancy Stanley first contacted me about speaking at today’s special ceremony, I was delighted— you’d have to possess a far smaller ego than mine to be unmoved by such a generous invitation.

But … I paused. I knew that this event could draw in some serious legal firepower as speakers. Not to disappoint you, but you should know the truth: You probably could have gotten to listen to an Arizona Supreme Court justice, or the State Bar President.

I suspected that the firm, guiding hand of Richard had “suggested” my name to the law school. And for that I am extremely grateful—though you may take a different view.

But why should Richard request me? Well, we get along famously, and I even have written about him a few times. We share similar interests, and we may even be friends, of a sort. At least, I am hoping we are.

But it was really all about the words. Here is one of the more interesting parts of our friendship—and why our relationship is formed almost purely through words: Richard Grand and I have never met each other in person through all the years we’ve known each other.

My interactions with him have been flashes via e-mail, the telephone, or his new display case here at the law school. I have conversed with Richard as he and Marcia lived in Tucson, visited their daughter in San Francisco, or strolled between shows in the West End of London.

How very Socratic of us! And how appropriate for Richard, who operates so well in the spoken environment.

I recently read an article about Richard from the Tucson Citizen.

In it, he said, “I don’t want to be recognized. I don’t want to be noticed. I want them to hear me.”

His life and career of being heard came to mind as I thought about recent events, when many of us have begun to wonder what kind of state and nation we live in.

It has become unpopular to say that recent tragic events here in Tucson may be related to politics or slanted popular messages.

But this we know: There has been a coarsening of conversation, a willingness to rely on vitriol rather than reason, and to hijack language in the service of partisanship.

There has been a failure of what many of us hold dear: a failure of words.

Chief Judge John M. Roll

In that regard, it strikes me as one of the more poignant of bittersweet truths that the last word uttered by Chief Judge John Roll may have been his heartfelt greeting “Hello.” Having known Judge Roll, I can say that he was a considerate and dynamic man, whose simple greeting possessed more eloquence than most of us can muster in a day’s worth of blathering. He had that skill that Richard Grand admires perhaps most of all: to craft “crisp sentences that wrap up a bale of thought.”

Through that lens, Richard and all of us who cherish words must illuminate a better way. Macabre yet wise, he reminds us, “We are born astride a grave.”

“Dead yesterday, unborn tomorrow, there’s only today.”

It is time for boldness, of the Richard Grand variety. Boldness in search of truth and of justice. And boldness wedded to quite a bit of wit.

I congratulate all of you here, who know that words have consequences. Let’s take up Richard’s charge: “Be bold.”

Thank you.

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